(A) The provisions of this section shall not apply to:
(1) Noises from any authorized emergency vehicle;
(2) Noise from church bells or chimes;
(3) Noises resulting from events of an entertainment or recreational nature which are held in the town, parks, public buildings or elsewhere such as to broadcast programs of music, speeches or general entertainment as a part and in recognition of the community celebration of national, state or town events, public festivals or outstanding events to the extent allowed under the terms of the permit issued by the Town Administrator or his or her designee; and
(4) Noises resulting from parades to the extent allowed under the terms of the permit issued by the Town Administrator or his or her designee.
(B) (1) The owning, possession or harboring of any animal which frequently, or for continued duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive area.
(2) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BARKING DOG. A dog that barks, bays, cries, howls or makes any other noise continuously or incessantly for a period of ten (10) minutes, or barks intermittently for one-half (1/2) hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. However, a dog shall not be deemed a BARKING DOG if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.
(C) The complaints of more than one (1) persons and/or the complaint of a police officer are prima facie evidence that a sound regulated by this section annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in violation of this subchapter.
(Ord. 2020-02, passed 1-21-2020)